Anyone who has driven on the highways of North Carolina has seen an abandoned vehicle or two on the side of the road, often with a bright orange sticker on one of the windows. This sticker indicates that the vehicle will be towed under the direction of a law enforcement officer if the vehicle is not removed. Due process requires that a person whose car has been towed in this circumstance is entitled to notice and a speedy court hearing before a magistrate to determine whether probable cause existed for the towing, which ultimately determines who is responsible for the towing fees. G.S. Ch. 20, Art. 7A. This blog post will explore towing under the direction of law enforcement, when a post-towing hearing is allowed, when it is not, and how the magistrate follows the procedures. This post does not address towing directed by private parties for unauthorized parking on privately owned property, such as apartment complexes or business parking lots.

What Vehicles are Subject to Towing?

State law prohibits parking a vehicle or leaving a vehicle standing upon the paved or main-traveled portion of any highway or highway bridge unless the vehicle is disabled and it is impossible to avoid parking or leaving it. G.S. 20-161. Parking a vehicle upon the shoulder of a public highway is also prohibited unless the vehicle can be clearly seen by approaching drivers from a distance of 200 feet in both directions and does not obstruct the normal movement of traffic. A vehicle parked in violation of either of the circumstances above may be immediately towed by an officer if the vehicle is interfering with the regular flow of traffic or otherwise constitutes a hazard. If a vehicle is parked on the right-of-way of a highway, including rest areas, for twenty-four (24) hours or more, an officer may have the vehicle towed.

A city or county may adopt ordinances authorizing the towing of abandoned or junked vehicles. Abandoned and junked vehicles are defined by statute. G.S. 153A-132; 160A-303.

A motor vehicle is “abandoned” when one of the following occurs:

1. It is left upon a city street or highway, public grounds, or county-owned property in violation of a law or ordinance prohibiting parking; or
2. It is left on property owned or operated by the city or county for longer than twenty-four (24) hours; or
3. It is left on private property without the consent of the owner, occupant, or lessee for more than two (2) hours; or
4. It is left on any public street or highway or grounds for longer than seven (7) days or is determined by law enforcement to be a hazard to the motoring public.

A motor vehicle is “junked” when:

1. It is partially dismantled or wrecked; or
2. It cannot be self-propelled or moved in the manner in which it was originally intended to move; or
3. In the city, it is more than five (5) years old and worth less than an amount determined by the city’s ordinance (such amount tends to be $100 or $500); or
4. In the county, it is more than five (5) years old and appears to be worth less than $100; or
5. It does not display a current license plate.

When Does this Law Apply?

A person is entitled to a hearing under G.S. Ch. 20, Art. 7A when a vehicle is towed under the direction of a law enforcement officer:

• from a highway or highway bridge. G.S. 20-161.
• from a parking lot on school grounds. G.S. 115C-46(d).
• from a State-owned parking lot. G.S. 143-340(19).
• under a county or city ordinance for abandoned vehicles when the county or city contracts with a private tower who collects the towing fees. G.S. 153A-132; 160A-303.
• from a community college campus or public or private college or university property, if the private tower collects the towing fees. G.S. 115D-21; 116-44.4; 116-229.

If a city, county, community college, public or private college or university (rather than the private tower) collects the towing fees, the post-towing procedures in Article 7A of Chapter 20 do not apply. However, the city, county, community, public or private college or university must establish a hearing procedure for the owner to contest the towing and a procedure for selling towed vehicles similar to the procedure in G.S. 44A-4 for the enforcement of motor vehicle liens.

A person is not entitled to a hearing under G.S. Ch. 20, Art. 7A when the vehicle is seized:

• as evidence in a criminal proceeding or under statutory forfeiture provisions. G.S. 20-219.10(a)(2). This includes seizures or forfeitures of vehicles used in larcenies of property greater than $2,000 or in similar crimes (G.S. 14-86.1), vehicles used to transport alcoholic beverages, containers, equipment, or ingredients in violation of Alcohol Beverage Control (ABC) laws (G.S. 18B-504), and vehicles used in felony violations of the controlled substances act (G.S. 90-112).
• related to impaired driving offenses and felony speeding to elude arrest. G.S. 20-28.2; –28.3.
• under a writ of execution to satisfy a judgment. G.S. 20-219.10(a)(3).

What is the Pre-Hearing Procedure?

The procedure begins when the owner or someone who is entitled to claim possession of the vehicle files a written request for a hearing to determine if probable cause existed for the towing. The Administrative Office of the Courts (AOC) does not have a form for this request. There are no court costs to collect. The clerk will assign a “Registration” file number. The request should be filed in the magistrate’s office in the county where the vehicle was towed. G.S. 20-219.11(c). If there is more than one magistrate’s office in the county, the request may be filed with the magistrate in the warrant-issuing office in the county seat or in any other office designated to receive such requests by the chief district court judge. Id.

Upon receipt of the request, the magistrate sets a hearing within seventy-two (72) hours. Id. Magistrates may be surprised to learn that they are responsible for giving notice of the hearing to the required parties. The magistrate must notify the owner, the person requesting the hearing if different than the owner, the tower, and the person who authorized the towing (i.e., the law enforcement officer) of the time and place of the hearing. Id. See Order for Petition for Writ of Mandamus, Fraley v. Christy, No. P25-591 (N.C. Ct. App. Nov. 12, 2025) (order allowing petition for writ of mandamus and directing magistrate to set probable cause hearing and notify all required parties of the hearing), motion to publish denied (Nov. 21, 2025).

There is no prescribed notice procedure in the statute, so notification should be done by a method likely to reach the party before the hearing, which may include by telephone. In addition to the preprinted finding that notice was given, the magistrate may consider including how and when all parties were notified as part of their “[o]ther relevant findings” on AOC-CVM-360, Order in Post-Towing Probable Cause Hearing.

What is the Hearing Procedure?

The only issue for the magistrate to determine at the hearing is whether probable cause existed for the towing. G.S. 20-219.11(e). The magistrate is not establishing the amount of any lien to which the tower may be entitled. If the towing is supported by probable cause, the tower may later bring an action to enforce and establish the lien. G.S. 44A-4.

The owner, the tower, the person who authorized the towing, and any other interested party may present evidence at the hearing. G.S. 20-219.11(d). In lieu of a personal appearance, the person who authorized the towing and the tower may submit an affidavit for the magistrate to consider. Id. The affidavit does not preclude the party from later testifying at the hearing if they decide to do so. Id.

The magistrate’s ruling should be recorded on AOC-CVM-360, Order in Post-Towing Probable Cause Hearing. The order should include a finding that the vehicle was towed pursuant to one of the relevant statutes listed on the order. If the law enforcement officer relied on a statute other than those listed on the order, they should indicate to the magistrate the statutory procedure under which they had the vehicle towed. Then, the magistrate should determine whether probable cause existed to tow under that statute and record the statutory authority in finding #6 on the order, “other relevant findings.” The magistrate can use the language in finding #5 as a guide for drafting finding #6.

What are the Consequences of the Magistrate’s Decision?

If the magistrate finds probable cause, the tower is entitled to keep possession of the vehicle and their lien continues. G.S. 20-219.11(e). The tower has a lien under G.S. Ch. 44A and can enforce the lien under that statute. G.S. 20-219.13.

If the magistrate does not find probable cause, the magistrate orders that the tower’s lien is extinguished and the tower shall immediately release the vehicle to the plaintiff. G.S. 20-219.11(e). The plaintiff is not responsible for paying any of the towing fees. The agency of the law enforcement officer who ordered the towing must compensate the tower. G.S. 20-219.14.

Any aggrieved (losing) party may appeal the magistrate’s decision to district court. G.S. 20-219.11(f).

Conclusion

Although uncommon, post-towing hearings are an important due process protection for owners of motor vehicles. Magistrates receiving such requests should remember that they are responsible for making sure all interested parties receive notice of the hearing. The same probable cause standard that magistrates apply in their criminal law work applies in this context, meaning the law enforcement officer must demonstrate reasonable grounds to suspect that the vehicle was parked or left in violation of the law. For further reading about vehicle towing by law enforcement, check out this blog post by my colleague, Shea Denning. For questions about vehicle seizures and forfeitures in North Carolina, check out this bulletin by my colleague, Belal Elrahal.